Does an admission of lineage by two just men who are co-heirs establish that lineage if another heir exists?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

The admission of lineage by two just men who are co-heirs does not establish the lineage if another heir besides them exists, unless they provide testimony (shahada) to that effect. This view is held by Al-Shafi'i. The basis for this ruling is that it constitutes an admission made by only a portion of the heirs, and thus, it cannot establish lineage, similar to the case of a single person admitting lineage. This differs from formal testimony because testimony requires justice ('adala) and masculinity, whereas an admission does not carry the same requirements.

Supporting text

Abu Hanifa holds that the admission is established because the two individuals constitute evidence (bayyina).